RES-SAORA-010 Conveyance Authorization of Certain Public Park PropertiesRESOLUTION NO. SAORA -010
A RESOLUTION OF THE SUCCESSOR AGENCY
TO THE ORANGE REDEVELOPMENT AGENCY
AUTHORIZING THE CONVEYANCE OF CERTAIN
PUBLIC PARK PROPERTIES TO THE CITY OF
ORANGE AND TAKING CERTAIN RELATED
ACTIONS.
WHEREAS, pursuant to AB X1 26 (which became effective at the end of June
2011), as substantially upheld by the California Supreme Court's decision in California
Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231(2011), the
Orange Redevelopment Agency (the "Former Agency ") was dissolved as of February 1,
2012 and the Successor Agency to the Orange Redevelopment Agency (the "Successor
Agency ") was constituted; and
WHEREAS, AB 1484 (which became effective at the end of June 2012) amended
and supplemented AB X1 26 (AB X1 26 and AB 1484, together, being referred to below as
the "RDA Dissolution Act "); and
WHEREAS, pursuant to the RDA Dissolution Act, all assets, properties, contracts,
leases, books and records, buildings, and equipment of the former Redevelopment Agency
have been transferred to the control of the Successor Agency; and
WHEREAS, pursuant to the RDA Dissolution Act, an Oversight Board (the
Oversight Board ") for the Successor Agency has been established; and
WHEREAS, pursuant to Section 34181 of the California Health and Safety Code
HSC "), the Oversight Board is required to direct the Successor Agency to take certain
actions in connection with the wind down of the affairs of the Former Agency; and
WHEREAS, HSC 34181(a), in particular, requires the Oversight Board to direct the
Successor Agency to dispose the assets and properties of the Former Agency; provided that
the Oversight Board may direct the Successor Agency to transfer ownership of an asset that
was constructed and used for a governmental purpose to the appropriate public jurisdiction;
and
WHEREAS, HSC Sections 34191.3 and 34191.5 suspended the requirements of
Section 34181(a) pending the preparation of a long range management plan pursuant to
Section 34191.5, except for transfers of properties for governmental use; and
WHEREAS, among the assets owned by the Former Agency (and now Successor
Agency) are the following two properties:
The public community gardens encompassing 0.20 acres (APN 039-
312-01), located on the southeasterly corner of Palm Drive and Palm
Avenue (the "Community Garden Property "); and
The Santa Fe Depot Park and Historic Depot Building encompassing
1.57 acres (APN 039 - 170 -01) located on North Atchison between
West Chapman Avenue and Maple Avenue (the "Depot Park
Property "); and
WHEREAS, the Oversight Board adopted Resolution No. OB -0037 (the "Oversight
Board Resolution "), on July 24, 2013, directing the Successor Agency to transfer the
Community Garden Property and the Depot Park Property to the City of Orange (the "City "),
with no consideration; and
WHEREAS, pursuant to HSC Sections 34179(h) and 34181(f), the Oversight Board
Resolution only becomes effective after approval (or deemed approval) by the California
State Department of Finance (the "DOF "); and
WHEREAS, the DOF issued a letter on November 5, 2013, indicating that the DOF
has approved the Oversight Board Resolution; and
WHEREAS, the Successor Agency wishes to execute a quitclaim deed (the
Quitclaim Deed ") to effect and evidence the transfer of the Community Garden Property
and the Depot Park Property to the City;
NOW, THEREFORE, the Governing Board of the Successor Agency to the
Orange Redevelopment Agency does hereby find, determine, resolve, and order as
follows:
Section 1. The above recitals are true and correct and are a substantive part of
this Resolution.
Section 2. The conveyance of each of the Community Garden Property and the
Depot Park Property by the Successor Agency to the City is hereby authorized and approved.
The Chair (or, in the Chair's absence, the Vice Chair) is hereby authorized and directed to
deliver a quitclaim deed, substantially in the form attached as Attachment A, to effect and
evidence such conveyance.
Section 3. The officers and staff of the Successor Agency are hereby authorized
and directed, jointly and severally, to do any and all things which they may deem necessary
or advisable to effectuate this Resolution and any such actions previously taken by such
officers and staff are hereby ratified and confirmed.
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PASSED AND ADOPTED this 10 day of December, 2013.
ttrei Smith, Chairperson
ATTEST:
G
Mary urp , Agency Clerk
I hereby certify that the foregoing Resolution was duly and regularly adopted by
Governing Board of the Successor Agency to the Orange Redevelopment Agency at a regular
meeting thereof held on the 10 day of December, 2013, by the following vote:
AYES:BOARD MEMBERS:Alvarez, Whitaker, Smith, Bilodeau
NOES:BOARD MEMBERS:Non
ABSENT:BOARD MEMBERS:Murphy
ABSTAIN:BOARD MEMBERS:None
Mary . urphy, Agency Cler
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